HB 2797
Relating to who may diagnose post-traumatic stress disorder as a compensable injury or disease under workers compensation
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill modifies West Virginia’s workers’ compensation laws to allow licensed psychiatrists or certified mental health nurse practitioners to diagnose post-traumatic stress disorder (PTSD) as a compensable injury or disease for first responders. It establishes specific criteria for determining PTSD related to employment, including requiring an employer’s election to provide coverage and a diagnosis made on or after a specified date. The bill also mandates reporting of PTSD claims data to the Insurance Commissioner and the Joint Committee on Volunteer Fire Department and Emergency Medical Services.
Key provisions
- Allows licensed psychiatrists or certified mental health nurse practitioners to diagnose PTSD.
- Specifically defines ‘first responder’ as law enforcement, firefighters, EMTs, paramedics, and dispatchers.
- Requires an employer’s election to provide coverage for PTSD as an occupational disease.
- Establishes a reporting requirement for PTSD claims data to the Insurance Commissioner and the Joint Committee on Volunteer Fire Department and Emergency Medical Services.
- Specifies the timeframe for making claims after a diagnosis is made (within three years).
- Clarifies that the diagnosis must be made on or after a specific date (July 1, 2021, or the employer’s next policy term).
- Allows for mental health treatment by licensed mental health providers other than the diagnosing psychiatrist.
- The provisions expire on July 1, 2026, unless extended by the Legislature.
Who is affected
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